Misdiagnosis and Failure to Diagnose: Pursuing Justice in the Wake of Medical Malpractice

misdiagnosisMisdiagnosis and failure to diagnose are considered medical malpractice. They can result in delayed treatment, the need for more invasive and costly treatment, permanent disability, and death. Attorney Chris Olsen in San Diego, CA, represents clients who have suffered due to the negligence of medical professionals. To date, he has helped his clients collect millions in restitution. If you suspect that misdiagnosis resulted in your injury or other losses, call (619) 550-9352 or contact us online to schedule a free case review.

Common Types of Misdiagnosis

Most misdiagnosis cases fit into one of three categories:

  • Delayed Diagnosis: When a doctor fails to diagnose a condition in its earliest stages, the opportunity to effectively provide less invasive treatments is often missed. In the case of cancer patients, treatment is more effective in the early stages, and the need for treatments like radiation and chemotherapy can often be avoided with early diagnosis.
  • Diagnostic Error: Several conditions are frequently misdiagnosed in emergency room and urgent care settings, including stroke, meningitis, appendicitis, and heart attack. When this happens, the window of opportunity for early intervention is often lost, and results can be fatal.
  • Diagnostic Test Error: Faulty equipment, improperly performed tests, and failure to interpret test results correctly can lead to diagnostic error. Human error is also a factor when test results or images are not read properly or followed with the proper diagnostic steps.

Was My Doctor Negligent?

Successful medical malpractice suits must provide evidence that:

  • A doctor-patient relationship existed
  • The doctor was negligent
  • The doctor’s negligence harmed the patient, separate from the condition that was not diagnosed or misdiagnosed

Proving negligence is difficult, and is dependent on a part of the diagnostic process called differential diagnosis. This involves assessing the patient’s symptoms and medical history, as well as providing his or her own observations of the patient. At each stage of diagnosis, the doctor must note all the alternative diagnoses that might create the same symptoms.

Chris Olsen can investigate the details of your case in order to demonstrate that your losses could have been prevented through proper medical protocol.

In order to prove that a doctor was negligent in his or her diagnosis, it must be proven that another doctor of the same specialty would not have misdiagnosed the patient’s illness or condition given the same circumstances. One of two actions can be considered negligent:

  • The doctor did not place the correct diagnosis on the differential diagnosis list when other comparable doctors would have.
  • The correct diagnosis did appear on the list, but was not explored through tests or a referral to a specialist. 

Proving that your medical care provider was negligent requires an attorney who understands medical protocol. Chris Olsen can investigate the details of your case in order to demonstrate that your losses could have been prevented through proper medical protocol, and that you deserve maximum compensation.

Consult an Attorney

Attorney Chris Olsen is prepared to uphold your rights and protect your future. Although he will first attempt to reach a just settlement, he is prepared to go to court when necessary. Contact our office at (619) 550-9352 or send us a message online to schedule a free consultation.

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